It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance, including from no mask, to mask, to no mask. On March 1, 2024, the CDC changed the isolation guidance for those with
Katharine C. Weber
Katharine C. Weber is a principal in the Cincinnati, Ohio, office of Jackson Lewis P.C. and co-leader of the firm's Disability, Leave and Health Management (DLHM) practice group.
Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules
Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034 (N.D. Tex. Feb. 27, 2024). The court permanently enjoined the Equal Employment Opportunity Commission (EEOC) and Department of Justice from…
When Will the Ball Drop? Still Waiting on the PWFA Final Regulations
We rang in the new year waiting and watching for the issuance of the EEOC’s final regulations implementing the Pregnant Workers Fairness Act (PWFA). The Office of Information and Regulatory Affairs (OIRA) received the text of the final regulations for review on December 27. Assuming that the EEOC’s final regulations clear this review, we expect…
New Hampshire Adopts Workplace Accommodations for Nursing Mothers
New legislation in New Hampshire will guarantee the right of nursing mothers to an unpaid break of 30 minutes to pump for every three hours of work beginning July 1, 2025.
This new state law comes in the wake of the 2022 federal PUMP Act, which requires employers nationwide to provide employees with…
EEOC’s Proposed Pregnant Workers Fairness Act Regulations: Oh Mama!
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) formally published proposed regulations to implement the Pregnant Workers Fairness Act (PWFA). In a matter of just under 9 months, since the law was enacted at the end of 2022, the EEOC crafted 275+ pages worth of regulations, preamble and interpretive guidance to…
EEOC Issues Proposed Regulations to Implement the Pregnant Workers Fairness Act
The Equal Employment Opportunity Commission (EEOC) has issued proposed regulations (NPRM) to implement the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers to provide reasonable accommodations to a qualified employee’s or applicant’s known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an…
Groff takes DeJoy: Supreme Court Changes Standard in Religious Accommodation Case
In a year in which we saw a record number of religious accommodation charges and lawsuits, the Supreme Court has “clarified” the religious accommodation standard that employers and the EEOC have relied upon for more than 46 years.
In Groff v. DeJoy, a former United States Postal Service (USPS) mail carrier, Gerald Groff claimed…
June 27, 2023: Update Your EEOC Poster and Start Complying with the Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) goes into effect on June 27, 2023. The PWFA requires employers to post a notice describing the various protections under the new law. On June 27th, employers should remove their old EEOC “Know Your Rights” posters and replace them with the updated version found here. Please…
New York State Expands Obligations to Accommodate Nursing Employees, Publishes Model Policy
Employers in New York State are required to comply with new obligations to accommodate nursing employees and to issue a mandatory lactation policy released by the Department of Labor beginning June 7, 2023. The expanded obligations arise from new amendments to New York State’s Nursing Mothers in the Workplace Act (New York Labor Law §…
DOL Pumps It Up With New Guidance on PUMP Act Enforcement
The U.S. Department of Labor Wage and Hour Division (WHD) published Field Assistance Bulletin No. 2023-02 providing guidance to agency officials responsible for enforcement of the “pump at work” provisions of the Fair Labor Standards Act (FLSA) including those recently enacted under the 2022 PUMP Act.